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player ready...Oak Brook has joined several other communities and state’s attorneys in Illinois in publicly speaking out against a law that goes into effect Jan. 1, 2023, which eliminates cash bail in the state.
The Village Board unanimously adopted a resolution Oct. 25, supporting continued efforts to resolve public safety concerns with the SAFE-T Act.
The Act was signed into law by Gov. J.B. Pritzker in early 2021. The part of it that takes effect Jan. 1, 2023, the Pretrial Fairness Act, stipulates judges no longer will require anyone to pay a cash bail to get out of jail while awaiting trial. Instead, judges will determine who is locked up, based on the offense and whether the accused is determined to be a flight risk or a safety threat.
Among many other concerns, the Act creates unreasonable legal standards for detention in forcible felonies by eliminating cash bail, Oak Brook Village President Gopal Lalmalani said.
“The law puts the public in danger by allowing dangerous criminals to be free of incarceration, which may cause victims to be fearful of cooperation with law enforcement, due to the possibility of retaliation by the offender who has been immediately released,” he said. “The Village of Oak Brook believes that this law is not in the best interest of our residents and businesses.”
Lalmalani said the board decided to weigh in now because Oak Brook residents are concerned about safety and the bail matter.
“With elections coming up soon (Nov. 8), the stand the candidates take on this Act could be used as a barometer on who to vote for,” he said.
Lalmalani said the resolution adopted by the board didn’t completely reject the SAFE-T Act because parts of it, such as a statewide body camera requirement for police by 2025, are good.
“The party in power (Democrats) has the supermajority,” he said. “They are more likely to accept amendments. They are unlikely to accept total repeal of the Act.”
Before voting to support the resolution, some board members had comments about the Act.
Board member Jim Nagle called the SAFE-T Act, “the worst law enforcement bill in the history of the United States.”
Fellow Board member Asif Yusuf said he likes the mandate for body cameras, but has issues with much of the Act.
“This piece of legislation is not well thought out, it has to be fixed” he said. “It’s owed to the people of Illinois and law enforcement officials.”
Oak Brook’s adopted resolution states that the SAFE-T Act was poorly drafted, nearly 800 pages, and passed in the middle of the night with little to no public debate.
“The state legislature has since made a handful of changes to the SAFE-T Act but there are still many provisions in the sweeping new law that are not workable and/or create public safety concerns, with the cumulative effect of encouraging a culture of lawlessness in the name of ‘reform,’ the resolution reads.
The resolution also states that the Act contains several elements that impact the ability for the village to most effectively provide police services, including, but not limited to, unreasonably limiting the imposition of cash bail, unreasonably limiting police officer discretion to make arrests, imposing unreasonable police certification and decertification standards, and mandating unreasonable custodial accommodations.
Oak Brook asks in its resolution that state legislators work with public safety representatives and all community stakeholders to fix remaining problems with the Act.
Chuck Fieldman is a freelance reporter for Pioneer Press.